January 31, 2007

As posted in 5 daily Maine newspapers

NOTICE OF STATE RULE-MAKING
Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rule-making. You may obtain a copy of any rule by notifying the agency contact person. You may also comment on the rule, and/or attend the public hearing. If no hearing is scheduled, you may request one -- the agency may then schedule a hearing, and must do so if 5 or more persons request it. If you are disabled or need special services to attend a hearing, please notify the agency contact person at least 7 days prior to it. Petitions: you can petition an agency to adopt, amend, or repeal any rule; the agency must provide you with petition forms, and must respond to your petition within 60 days. The agency must enter rule-making if the petition is signed by 150 or more registered voters, and may begin rule-making if there are fewer. You can also petition the Legislature to review a rule; the Executive Director of the Legislative Council (115 State House Station, Augusta, ME 04333, phone 207/287-1615) will provide you with the necessary petition forms. The appropriate legislative committee will review a rule upon receipt of a petition from 100 or more registered voters, or from "...any person who may be directly, substantially and adversely affected by the application of a rule..." (Title 5 Section 11112). World-Wide Web: Copies of the weekly notices and the full texts of adopted rule chapters may be found on the internet at: http://www.maine.gov/sos/cec/rules.

PROPOSALS

AGENCY: 10-144 - Maine Department of Health and Human Services, Maine Center for Disease Control and Prevention, Division of Chronic Disease, Maine Breast and Cervical Health Program
RULE TITLE OR SUBJECT: Ch. 708, Breast and Cervical Cancer Prevention and Treatment Act (BCCPTA) in Maine
PROPOSED RULE NUMBER: 2006-P175(republication)
CONCISE SUMMARY: These rules are created to implement the requirements of the Breast and Cervical Cancer Prevention and Treatment Act, which expand full MaineCare benefits to certain eligible women who are diagnosed with breast or cervical cancer or a pre-cancerous condition. These rules are necessary to process enrollment applications received by MBCHP and to establish protocol in determining eligibility to the Treatment Act Program.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: PL 106-354, LD 0243, §1-2
PUBLIC HEARING: N/A
DEADLINE FOR COMMENTS: March 2, 2007
AGENCY CONTACT PERSON: Celeste D. Philippon, MS, RN, Maine Department of Health and Human Services, Maine Center for Disease Control and Prevention, Division of Chronic Disease, Maine Breast and Cervical Health Program, 286 Water Street, Key Plaza, 4th Floor, Augusta, ME 04330
TELEPHONE: (207) 287-3994

AGENCY: 18-125 – Department of Administrative and Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 805, Composite Filing
PROPOSED RULE NUMBER: 2007-P24
CONCISE SUMMARY: Rule 805 provides comprehensive definitions and explanations of statutory terms and procedures for filing a composite income tax return for nonresident partners, beneficiaries, or shareholders of a business entity. The proposed amendments include technical as well as minor editorial changes that are intended to clarify definitions and provide explanations of various aspects of the program. Specifically, the proposed amendments clarify requirements for eligibility, filing, and payment, remove a form of filing not used by entities, clarify that Qualified Subchapter S Trusts are eligible to participate in composite filing, detail the results of electing to participate in composite filing, and clarify that participants in composite filing are not liable for the tax of an unrelated participant in the composite filing.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 36 MRSA §§ 112, 5192(5)
PUBLIC HEARING: None scheduled at this time.
DEADLINE FOR COMMENTS: March 7, 2007
AGENCY CONTACT PERSON: Nanette M. Ardry, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9725
E-MAIL: nanette.m.ardry@maine.gov

AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 11.15, Scallop Research Conservation Areas, Beals - Jonesport
PROPOSED RULE NUMBER: 2007-P26
CONCISE SUMMARY: The DMR Scallop Advisory Council, The Downeast Institute and members of the Jonesport/Beals area scallop fishery are proposing to close two small areas of state waters to all diver and mobile gear fishing in Moosebec Reach for a period of 3 years to conduct a scallop enhancement and re-colonization experiment. Within these two small areas, research will be conducted to determine the best methods of handling, moving, and placing sea scallops on the bottom and to determine their survival rate over time.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §6171(5)
PUBLIC HEARING: Tuesday, February 20, 2007, 6:00 p.m., UMM, Science Lecture Hall (Rm. 102), 9 O'Brien Ave., Univ. of Maine, Machias
DEADLINE FOR COMMENTS: March 2, 2007
AGENCY CONTACT PERSON: Cindy Smith (tel: 207-624-6558)
AGENCY NAME: Department of Marine Resources
Mail Written Comments to: attn.: Laurice U. Churchill, PO Box 8. West Boothbay Harbor, Maine 04575-0008
WEB SITE: http://www.maine.gov/dmr/rulemaking/
TELEPHONE: (207) 633-9584
FAX: (207) 633-9579
TTY: (207) 633-9500 (Deaf/Hard of Hearing)
Hearing facilities: If you require accommodations due to disability, please contact Kim Pierce, at (207) 287-5055

ADOPTIONS

AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 2.12, 45 and 60, Aquaculture Lease Regulations, adopted changes to acreage limit
ADOPTED RULE NUMBER: 2007-18
CONCISE SUMMARY: This rulemaking amends the acreage cap to 1,000 acres in Chapter 2 in accordance with 12 MRSA §6072(13-A), paragraph B. This increase reflects the status of current needs in Maine’s aquaculture industry. The increase will coordinate fallowing and production requirements through crop rotation as well as improve the critical mass necessary for the industry’s economic infrastructure such as processing operations.
RULE TITLE OR SUBJECT: Ch. 2, Updates to sections 05(1)(L&K), 46, 60(1), and 64(7)(A)
ADOPTED RULE NUMBER: 2007-19
CONCISE SUMMARY: Amendments to Chapter 2, Aquaculture Lease Regulations, have been adopted for compliance and consistency with changes in 12 MRSA §6072(2), (12), (12-A) and (13-A). Changes include adding the definition of mean low-water; the addition of a lease transfer fee exemption for immediate family members; correcting a reference in the experimental decision standards that applies only to standard leases, and punctuation corrections throughout Chapter 2.
RULE TITLE OR SUBJECT: Ch. 45.05(1)(A)(2), Shrimp Season, 2006 – 2007
ADOPTED RULE NUMBER: 2007-20
CONCISE SUMMARY: These regulations adopt, through the regular rule-making process, changes that became effective with the adoption of the emergency rules establishing the 2006– 2007 shrimp season. The season takes place from December 1, 2006 through April 30, 2007. The seasons for the harvest of shrimp by trawl and by trap are the same dates.
RULE TITLE OR SUBJECT: Ch. 55, Gear Restrictions: 55.58, Penobscot River Fishing Closure and Exception
ADOPTED RULE NUMBER: 2007-21
CONCISE SUMMARY: The Department adopts two changes to this regulation: 1) Removes the June 1 to October 30 season for the closure to have it be in place year round; and 2) adds an exception to this closed area to accommodate the Atlantic Salmon Commission salmon season when it is open. These amendments are requested by the Atlantic Salmon Commission and will also provide clarity for enforcement by Maine Marine Patrol in this area of the Penobscot River.EFFECTIVE DATE: January 24, 2007
AGENCY CONTACT PERSON: Laurice U. Churchill, Department of Marine Resources, Attn.: L. Churchill, PO Box 8, West Boothbay Harbor ME 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TELEPHONE: (207) 633-9584
TTY: (207) 633-9500

AGENCY: 17-229- Maine Department of Transportation
CHAPTER NUMBER AND TITLE: Ch. 206, Regulations for the Installation of Gas, Food, Lodging and Camping Logo Signs on the Rural Part of the Interstate Highway System (amendment)
ADOPTED RULE NUMBER: 2007-22
CONCISE SUMMARY: These Rule amendments add the “attractions” category to the existing logo sign program, authorize the installation of logo signs on certain connector highways to establish continuity with logo signs erected on the Maine Turnpike by the Maine Turnpike Authority, increase from four to five the number of logo sign panels permitted at an exit and make minor changes in the language describing the fee structure. The Rule amendments also make some minor administrative, housekeeping and clerical changes and/or clarifications.
EFFECTIVE DATE: January 27, 2007
AGENCY CONTACT PERSON: Bruce Ibarguen, Department of Transportation, Traffic Engineering Division, 16 State House Station, Augusta, ME 04333-0016
TELEPHONE: (207) 624-3620

AGENCY: 18-125 – Department of Administrative and Financial Services, Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 301, Sales for Resale and Sales of Packaging Materials
ADOPTED RULE NUMBER: 2007-27
CONCISE SUMMARY: The rule establishes procedures for making sales for resale, certain sales to lessors and service providers and sales of packaging materials exempt from sales tax, and set forth requirements for certification of exempt sales. The new amendmenets merely update the rule to reflect current law.
CHAPTER NUMBER AND TITLE: Ch. 303, Sales to Industrial Users
ADOPTED RULE NUMBER: 2007-28
CONCISE SUMMARY: The rule, which has been in place since 1951 and was last amended in 1989, explains the Sales and Use Tax Law as it pertains to the exemption provisions of machinery and equipment used in production, and consumed or destroyed items. Several minor updates to the rule have been made.
CHAPTER NUMBER AND TITLE: Ch. 308, Direct Pay Permits
ADOPTED RULE NUMBER: 2007-29
CONCISE SUMMARY: The rule, which has been in place for many years, establishes a system for combined reporting of purchases by manufacturers and utilities under a “direct payment permit.” Manufacturers and utilities that commonly acquire a substantial amount of tangible personal property under circumstances that make it impractical to determine, at the time of purchase, the manner in which property will be used and, therefore, impractical to determine whether the purchase or use of the property will be taxable or exempt, are authorized to remit tax pursuant to a direct payment permit. Holders of direct payment permits are given the privilege of purchasing tangible personal property without payment of the tax to their retailers and reporting and paying tax directly to the State. The rule has been updated to take account of the enactment of the Service Provider Tax.
CHAPTER NUMBER AND TITLE: Ch. 313, Classified Permits
ADOPTED RULE NUMBER: 2007-30
CONCISE SUMMARY: The rule, which has been in place since 1953 and was last amended in 1979, establishes a system for the administration of the “classified permit” method of determining exempt sales pursuant to 36 MRSA §1951-A. Under this method, a retailer who sells both taxable and exempt items may request authorization to report Maine sales tax using a classified permit that establishes the percentage of gross sales represented by sales of exempt items during a typical test period. This percentage may be used in lieu of maintaining an actual breakdown of sales of taxable and nontaxable items. The new amendments clarify the rule and update a statutory citation.
CHAPTER NUMBER AND TITLE: Ch. 322, Sales of Food Products
ADOPTED RULE NUMBER: 2007-31
CONCISE SUMMARY: This Rule has been repealed because it was significantly outdated, as many statutory changes involving food products have been enacted since then. Current information on the application of the Maine Sales and Use Tax Law to food products is available to taxpayers on the Maine Revenue Services website and upon request. Maine Revenue Services also makes considerable ongoing efforts to educate taxpayers in this area.
CHAPTER NUMBER AND TITLE: Ch. 323, Commercial Agricultural Production, Commercial Aquacultural Production, and Commercial Fishing
ADOPTED RULE NUMBER: 2007-32
CONCISE SUMMARY: The rule, which had not been amended since it was promulgated in 1990, explains the operation of 36 MRSA §2013 as it pertains to the issuance of refunds and certificates of exemption to persons who are engaged in commercial agricultural production, commercial aquacultural production and commercial fishing. The Rule has been rewritten in order to clarify and update it, particularly with regard to how purchases of electricity by taxpayers in this business sector are treated under the Sales and Use Tax Law.EFFECTIVE DATE: January 29, 2007
AGENCY CONTACT PERSON: David E. Bauer, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9681